Florida judge lifts stay on smokable medical marijuana

June 5, 2018 GMT

Jon Mills, who represents People United for Medical Marijuana and two patients with terminal illnesses, speaks after a court hearing on Monday, June 4, 2018, in Tallahassee, Fla. Mills is trying to get a stay lifted that would allow medical marijuana patients to be allowed to access smokable pot for debilitating conditions. (AP Photo/Joe Reedy)

Jon Mills, who represents People United for Medical Marijuana and two patients with terminal illnesses, speaks after a court hearing on Monday, June 4, 2018, in Tallahassee, Fla. Mills is trying to get a stay lifted that would allow medical marijuana patients to be allowed to access smokable pot for debilitating conditions. (AP Photo/Joe Reedy)

Leon County circuit court Judge Karen Gievers on Tuesday upheld her May 25 ruling that the Florida Legislature’s provision banning smokable medical marijuana is unconstitutional. The stay will officially be lifted next Monday. Gievers wrote delaying her ruling any further would create irreparable harm to patients.

The state’s Department of Health had filed an appeal of Gievers’ original ruling, which automatically put it on hold.

Even with the stay being lifted, smokable medical marijuana will not immediately be available for sale at treatment centers.

That’s because the Department of Health must come up with rules for cultivation and distribution, which could take several months.